https://www.taxtmi.com/caselaws?id=37099 Where the Explanation to section 271(1)(c) applies because assessed income exceeds returned income beyond the statutory threshold, the assessee bears the burden of rebutting the presumption that the incorrect return resulted from fraud or gross and wilful neglect. This burden requires relevant evidence or sufficient surrounding circumstances demonstrating the absence of fraud or gross and wilful neglect. A penalty cannot be cancelled merely by extending the benefit of doubt to the assessee; the Tribunal was not legally justified in deleting the penalty on that basis. en-us Thu, 18 Oct 1979 00:00:00 +0530 Fri, 26 Mar 2010 13:23:32 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=37099 Where the Explanation to section 271(1)(c) applies because assessed income exceeds returned income beyond the statutory threshold, the assessee bears the burden of rebutting the presumption that the incorrect return resulted from fraud or gross and wilful neglect. This burden requires relevant evidence or sufficient surrounding circumstances demonstrating the absence of fraud or gross and wilful neglect. A penalty cannot be cancelled merely by extending the benefit of doubt to the assessee; the Tribunal was not legally justified in deleting the penalty on that basis. Case-Laws Income Tax Thu, 18 Oct 1979 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=37099